The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-06-16

Att meeting OF the members OF the bar of this
Court, held in the court room in T Tallahassee
June IA, 1887, Mr.. A. w. Cockrell was elected
Chairman, and Mr.. Joseph s. White secretary.
The Chairman stated that the object Of the
meeting was to take suitable action upon the
death OF Mr.. James D. Westcott, formerly An
Associate Justice of this Court
Upon motion, MessrS C. NJ Cooper, W. A.
Blount and R. W. Davis were appointed com
mitted to draft resolutions, and the following
was drawn by them, which it was resolved should
be presented to this court
IN NRMoRIAM
WHEREAS, James D.. Westcott died in the city
of Tallahassee on April 80 1887 it is fitting that
the members OF the bar of this Court upon
whose bench he sat so long and ably with whom
be was connected by the kindly associations of
many years, should express their deep regret at
his untimely death and their respect for his
memery
Judge Westcott was born in Tallahassee. He
inherited talent, his father having been an able
lawyer who filled numerous high Offices in the
Territorial Government of Florida and who rep
resented the State IN the Senate OF the United
States He received no other academical educa-
alton than that afforded by the schools of his native
town, but in boyhood he gave promise of the de-
veiopment OF more than an ordinary mind His
nrst pubic employment W as in 1859, W her, though
mere youth. he was made the Private Secretary
OF Governor Madison S. Perry. Upon his ad-
mission to the bar his rise was rapid, and it was
out few years before he had, at an unusually
early age, attained to the highest legal offices in
the State In 1866 he represented Leon county
IN the Legislature in 1858 was appointed
Attorney General, and during the same year at
the age OF twenty-nine, was appointed an AssO-
ciate Justice Of the Supreme Court which posi-
Inn hn hal tr,t.l
signed During the years that he sat upon
the BENCH Judge Westcott performed his
full share of the labors of the Court,
delivering its opinion in many of the most i'm
p0rtant and difficult cases especially in appeals
in equity, which were usually assigned to him.
HIS opinions are reported in the volumes of
Florida Reports from the 18th to the 2lst in
elusive, and here he has written his own memo
rial. He died, as has been stated, on the Goth of
April, 1887, at the comparatively early age of
forty-eight years therefore it is
ResolCed, That in the death of James D. West.
colt we lament the untmely extinguishment of
a brilliant mind, the loss u the State of distn-
guished citizen, and 10 the bar of learned law
yer.
That he was an able and ncorruptbe Judge,
digent and capable in the discharge of the
duties of his Office, kindly and cOnsiderate with
the bar, and mindful OF the important interests
which came before him. and as such we COM
memOrate him.
The foregoing proceedings and resolutions of
the Bar of the Supreme Court were presented
by the Attorney General
Having been requested by the other members
of the court, Associate Justice Raney replied as
follows:
We sympathize fully and sincerely with the
sentiments of the resolutions and the remarks of
counsel at the bar.
Judge WestcOtt was no ordinary intellect
The leading charac eristcs of his mind were
strength and thoroughness. He sought the
fountain sources Of his profession, and took
pleasure in tracing its principles down through
the intricacies and msts OF decision and treatise
to the present. He always devoted unstinted
labor 10 his task, thinking nothing of the time
and effort success might cost His tendency
was to adhere to precedent, and TO regard new
departures, dangerous.
| recall at this time no one who WAS elevated
to Supreme Bench al youthful an age and
though l do not think his friends need fear a
comparison OF his opinions with those of other
judges generally, yet l must say that his earlier
decisions are high evidence of the marked
ability and admirable care with which he filled
the honorable and delicate trust put upon him
when so young, and can, myself, give couvinc-
ing testimony of the zeal and pride he took in
these efforts
Of him, personally, it also is proper that
SOOulu speak FROM 1903 10 1870, our relations
were intimate. Probably during this period |
saw more Of him than any one person, other
than his associates on the rench II is fact
that my determination TO cast my lot in this
community was based principally upon his ad-
vice, and of that ever kind and friendly gentle
man, Mr.. Thomas Fl. Hodgkiss. Judge West
colt gave me the use of his law library and ex.
tended TO me many other courtesies. His heart
was one of kindly sentiments towards his fell
lOw-men.
My recollection of his kindness and of
this association, will ever be pleasant, and
nv memory of him cares to connect only the
bright hours of his career.
Each moment of our lives some wave of
human life is breaking upon the shore OF mex
orable fate, and receding, undstingushed and
undstingulshable, into the vast sea OF the past
We rejoice that Judge Westcott has rescued from
this oblivion his individual name, by the re-
corded labors of his judicial career; and let US
all hope that his life here is followed by another
and happy existence.
The resolutions will be inscribed on separate
page of the minutes, and the court will stand
adjourned until tomorrow morning at 10
o'clock